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The purpose of this chapter is to provide an alternative procedure by which the council may provide funding for the whole or any part of the costs and expenses of maintaining and operating specified public improvements of a local nature, payable from annual benefit assessments to be apportioned among the several lots or parcels of property within the maintenance district established therefor in conformity with a method of apportionment which is to be determined in the proceedings in which jurisdiction is provided therefor.
(Ord. 1586 §11 (part))
The resolution of intention to order work done or improvements made or acquired or the separate resolution, if adopted pursuant to Section 3.80.460 of this chapter, shall contain a statement of the method by which such annual benefit assessments will be apportioned according to estimated benefits among the several lots or parcels of property within the maintenance district to be established therefor. The method of apportionment prescribed shall be such that its application shall constitute a ministerial act, not involving the exercise of discretion, and said method may prescribe a maximum rate of annual benefit assessment to be levied for such purpose. Such resolution of intention shall also set a time and place for a hearing on the establishment of a maintenance district and shall include a statement that all owners of property subject to the proposed assessment may protest or be heard at such hearing as to the establishment of the district, the boundaries thereof, the fairness of the method of apportioning costs and any other matter relating to the proposed assessment of or the administration of the assessment district.
(Ord. 1586 §11 (part))
No later than ten days prior to the date set for the hearing on the establishment of the assessment district, the clerk shall cause a notice of hearing to be published once in a newspaper of general circulation in the city and shall cause a copy of the resolution of intention adopted by the council as provided in Section 3.80.470 to be mailed, postage prepaid, to all owners of property subject to the proposed assessment, and to be posted as provided in this chapter.
(Ord. 1586 §11 (part), Ord. 1832)
The city clerk shall receive written protests, if any, and shall endorse on each protest the date and time it is filed with the city clerk. No protest received after the time fixed for hearing shall be timely, but the council may, in its discretion, consider untimely and oral objections.
(Ord. 1586 §11 (part))
In connection with the hearing provided for the establishment of the maintenance district, owners may protest or be heard as to the establishment of the district, and the boundaries thereof, the fairness of the method of apportioning costs and any other matter related to the proposed establishment of or the administration of the maintenance district.
(Ord. 1586 §11 (part))
At said hearing, the council may make modifications in the method of apportionment for the purpose of making the same more fair and equitable; provided, however, that if such modification is made, before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of the council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place, and purpose of said further hearing, by one publication in a newspaper of general circulation in the city, at least ten (10) days prior to said hearing. If the method of apportionment prescribes a maximum rate of annual benefit assessment and such modification consists solely of a decrease in such maximum rate of annual benefit assessment, the council may order such decrease by resolution, and no notice need be given and no hearing need be had thereon.
(Ord. 1586 §11 (part))
Following the close of hearing, if the council determines that either written or oral objections or protest against the payment of costs of maintenance and operation have been made by the owners of more than one-half of the area of the property in said maintenance district subject to benefit assessment, the proceedings shall be abandoned and no further proceedings shall be taken for a period of six months from the date of such determination of the council following the close of hearing, unless the protests are overruled by an affirmative vote of not less than two-thirds of the members of the council. The council may adjourn the hearing from time to time.
(Ord. 1586 §11 (part))
At the initial hearing or at the subsequent hearing on the modification of the method of apportionment as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the council subsequent to the close of hearing on said matter, with or without said matter having been submitted, unless the proceedings have been abandoned due to a majority protest as provided by Section 3.80.520, the council shall adopt by resolution a method of apportionment of said annual benefit assessments, which shall be that stated in the resolution of intention, or said separate resolution, or as modified, and its determination shall be final and conclusive against all persons.
(Ord. 1586 §11 (part))
At any time following the establishment of a maintenance district or districts in the manner provided by this chapter, the city council may modify such district or districts either by changing the boundaries of a district, by changing the type or scope of the maintenance work to be performed within a district, by changing the method of apportioning the costs of maintenance work to be performed within a district among the various lots or parcels within the district, and/or by merging two or more districts into one district.
(Ord. 1586 §11 (part), Ord. 1916 §1)
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